140 Denied

R

ravvap

Registered Users (C)
Hello friends,

Please help me what should I do in this situation.

My 140 got denied due educational reasons. Mine is substitution labour . Original labour needs Masters with 1 year exp. I have BS, Diploma and 10 yrs exp.

Please update me the ways I should do asap.
 
You are out of luck unless the substitute labor allowed BS + 5 years experience in lieu of an MS degree.
 
ravvap said:
if not what is the otherway we go around
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Check what you have exactly in form 750B and try to look for any loop hole. Mean While, check with United Nation, he should be able to help you out. Also, there couple of other guys got their 140 approved after the RFE for education, just like yours.

Under What category you have filed and what service center.

Don't lose hope...
 
re: 140 deniel

I filed in VSC on EB2 Category and what is united nation. If I apply 140 and 485 with another substitution labour in same VSC on EB2 category will it be a problem.
 
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ravvap said:
I filed in VSC on EB2 Category and what is united nation
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United Nations is in New York City :p :D But we have one gentleman here called unitednations who is running a great thread under "as promised ability to pay" His I-140 was denied for educational reasons but was later approved. I am sure he can guide you further if you post your message there. Good luck. I hope you get approved.
 
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re

I believe substituation labour needs Master with 1 year exp. as software engineer in Oracle.
 
First of all - get educational evaluation done again. Is your BS a four year course or less? If it is less then 4 - use diploma to show equivalence with 4 year degree. If it is 4 year course - use diploma to add towards master's credit. Use TrustForte and FIS for your case.

Ask your lawyer to file MTR with above evaluations.

Your case can be saved if you use all the stuff - BS, Diploma and experience. I guess there is no subject mismatch with original LC and your education(computers/non-computers etc).

All the best.
 
I believe user nehachokshi got approval after similar issues, had to get education evals done again.
 
hi ravvp,

Friend of mine was in same situation like yours. He changed his lawyer to Sheel Murthy and she re-did his edu eval and bunch of other supporting docs. and he got is 140 approvd in less than 2 months after denial.

bottom line, get hold of a real good lawyer.

good luck
 
re: applying

Actual denial Notice Details : According to the Application for Labour Certificatoin the beneficiary must have atleast a masters degree and one year of experience as a software engineer. The record shows that beneficiary was awarded a Bachelor of Science degree from Nagarjuna Univerisity in India. Further, evidence submitted shows that the beneficiary was granted a diploma in professional business computing from Tata Unisis Ltd. The record does not contain any evidence to establish that the beneficiary has experience as a software engineer. The foreign credentials assessment that you submitted indicates that the beneficiary's US equivalent degree is a Bachelor of Science degree. Since the 750 A establishes that the beneficiary must have atleast a masters degree and one year of exp. as a software engineer, the beneficary deos not qualify for the position offered.


I have 3 years bachelors degree in CS and 10+ yrs exp. But, the labour applied in Dec'2001. Till that time I have 7 yrs exp. with bachelors + diploma.

My employer got the second opinion and now; he is re-applying with different labour which exactly mactches with my degree and experience.

what's your opinion
 
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ravvap said:
Actual denial Notice Details : According to the Application for Labour Certificatoin the beneficiary must have atleast a masters degree and one year of experience as a software engineer. The record shows that beneficiary was awarded a Bachelor of Science degree from Nagarjuna Univerisity in India. Further, evidence submitted shows that the beneficiary was granted a diploma in professional business computing from Tata Unisis Ltd. The record does not contain any evidence to establish that the beneficiary has experience as a software engineer. The foreign credentials assessment that you submitted indicates that the beneficiary's US equivalent degree is a Bachelor of Science degree. Since the 750 A establishes that the beneficiary must have atleast a masters degree and one year of exp. as a software engineer, the beneficary deos not qualify for the position offered.


I have 3 years bachelors degree in CS and 10+ yrs exp. But, the labor applied in Dec'2001. Till that time I have 7 yrs exp. with bachelors + diploma.

My employer got the second opinion and now; he is re-applying with different labour which exactly mactches with my degree and experience.

what's your opinion
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If you are re-applying with a different labor and are worried that the old denial will have reprucussions on your new case, then that is not correct. dont get worried. It is not really your fault that your 140 got denied. Since you did not meet labor requirements, it is OK. But if you are filing with a new labor and you meet requirements in that labor, you should get approved.

Also if you have a 3 year Bachelors degree and you are trying to get that + your diploma equated to a Bachelors 4 year degree, it will absolutely not work. For EB2, USCIS is of the firm opinion that the 4 year degree should be there / a comparative 4 year degree should be there. To get more information on what I am talking about, click on the link in my signature and read discussion on page 3
 
Reapplying

My new labour requires Bachelors + 2 years exp. I have Bachelors in India and 10+yrs experience. I got the education evaluation ..in that Bachelors in india+3 yrs which is equivlent to Bachelors in US + experience.

I belive this should be fine for new labour. what your thoughts
 
ravvap said:
My new labour requires Bachelors + 2 years exp. I have Bachelors in India and 10+yrs experience. I got the education evaluation ..in that Bachelors in india+3 yrs which is equivlent to Bachelors in US + experience.

I belive this should be fine for new labour. what your thoughts
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Don't file in EB2...File in EB3...you will get it. I got my 140 with the similar degree + Diploma + Experience in EB3...
 
re

I am going to apply in EB3 category. But, in my education Evaluation they took only Bachelors and 3+ yrs exp. to equate US Bachelors. They did not take Diploma. Is it fine
 
ravvap said:
I am going to apply in EB3 category. But, in my education Evaluation they took only Bachelors and 3+ yrs exp. to equate US Bachelors. They did not take Diploma. Is it fine
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Why can't you do it again adding with your diploma also. Call Trustforte @ 212-481-4870 and tell them that you need in 2 days. They take credit card also. May cost you around $200.00, But worth it...

Send(Fax) the following documents :

10th, 12th(Inter), Degree with all the marks lists, Diploma with all the marks lists, any other certificates related to Computers(Software or hardware), and all the experience certificates...

Ask the Trustforte to send the evaluation by fax and also send the original by post. They will do this for the same cost.

If you already did with Trustfote..forget all the above..otherwise worth doing it....

Best of luck...you will get your 140 this time...
 
ravvap said:
I am going to apply in EB3 category. But, in my education Evaluation they took only Bachelors and 3+ yrs exp. to equate US Bachelors. They did not take Diploma. Is it fine
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According to me it should be OK if you file in EB3. Generally accepted principle is to equate 3 years of experience to one year of education.

EB2 has very strict requirements and education level rejections are mostly in EB2.
 
My education evaluation done by William Edelson.

Guys,

Question ? Since my 140 denied. Do I get my 485 money back. I did not EAD, AP and FP
 
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